Lawyers appearing for a suspect in an alleged gem related cheating case have urged the Director CID Kavinda Priyasekera not to allow investigators to act in a discriminatory manner against a gem broker who had facilitated the sale of a package of gems belonging to a Colombo gem dealer to a Ratnapura gem merchant.

The Ratnapura buyer had allegedly paid cash and for the balance sum due issued three cheques to the value of Rs 97.5 million and given to the Colombo owner-dealer of gems as security at a meeting arranged by the broker.But the Colombo dealer had deposited to his company account the three cheques, all of which had got dishonoured.

The investigators had not even questioned the Ratnapura buyer for over a year from the date of complaint made on 14th January 2023. Except for the dishonoured cheques, given allegedly as security for the balance due, the sale is entirely a civil transaction which had taken place in the normal course, the broker’s lawyers have written to the CID Director.

Making written representations to the Director CID, President’s Counsel M.M. Zuhair with Rushdhie Habeeb, Duleeka Imbuldeniya and Rizwan Uvais had said that no proper investigation whatsoever had been carried out against the Ratnapura gem buyer, though the FCCID had reported to Court that the buyer had issued three cheques for the total value of Rs 97.5 Million to the Colombo seller of the gems.

Counsel for the broker Ifthikar has alleged that the investigators had subjected not only the broker to discriminatory treatment as against the Ratnapura buyer but also compelled the broker’s wife and also his father earlier on to attend Court, alleging without any evidence that they were trying to leave the country with a part of the gems, violating their fundamental rights for the equal protection of the law.

Broker Ifthikar’s lawyers have represented to the Director that Ifthikar had arranged the Ratnapura buyer to meet the complainant seller at the Colombo office of the seller and the buyer had made a part payment in cash and balance by three cheques as security. This is entirely a civil transaction with no criminal intent that can be alleged against anyone.

Representations have also been made that Ifthikar has had many sales transactions with the complainant of very high value with the Colombo dealer, the virtual complainant without a single default over a period of six years. This is confirmed by the complainant’s own statement to the investigators, which the Unit had reported to Court.

Counsel have also made representations that there was not a single complaint against Ifthikar when he went to the Maldives in December 2022, after some 7 or 8 persons abducted him in Colombo, unlawfully confined him in an unoccupied premises and attempted to extort money from him. He was rescued by the Gothatuwa Police and released by them after recording his complaint. The investigators suppressed this serious offence from Court though Ifthikar had told them his abduction and fears when they recorded his statement.